ISA formally requests MIB to postpone SDC implementation citing clarity issues

The Indian Society of Advertisers (ISA) has formally requested that the Ministry of Information and Broadcasting (MIB) postpone the implementation of the self-declaration certificate (SDC) requirement for all advertisements published on digital, radio, broadcast, or print platforms. The request is made given the major practical difficulties and complexities that have been noted by several industry stakeholders in the media and advertising sectors. With effect from June 18, all new advertisements must obtain a self-declaration certificate, according to a notice issued by the MIB.

ISA urges MIB to postpone the implementation of the self-declaration certification mandate

The ISA has written to the MIB requesting a delay in the process until the Supreme Court hears concerns and a court is passed, due to the practical challenges and complexities that various stakeholders in the media and advertising industries have brought to light regarding the implementation of the self-declaration certificate for every advertisement published on various ad platforms.

As per the mandate, to procure the self-declaration certificate, agencies are required to submit the following documents:

• Letter of authorization.
• Full script of the advertisement.
• Audio / video file.
• CBFC Certificate (if available).

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The agencies will also be required to fill in the details of the advertisement.

1. Product/service being advertised.
2. Description focusing on key features or claims in about 100-200 words.
3. URL of audio/video for TV/radio / internet advertisement or PDF for print / static internet advertisement.
4. Advertisement title.
5. Full script of the advertisement.
6. Proposed date of first broadcast/publishing of advertisement

MIB to provide detailed affidavit regarding SDC

The MIB will provide the Supreme Court with an affidavit detailing the steps it has taken so far in relation to the SDC on July 9. The input and responses from industry participants on the mandatory SDC directive and its procedures will also be included in their submission. In letters dated May 27 and June 10, as well as in a meeting with the MIB on June 11, the ISA continuously expressed its position on this issue. The ISA emphasized the significant difficulties that advertisers may encounter in putting the SDC into practice, even as it acknowledged that it is their duty to adhere to all relevant laws and engage in truthful advertising.

ISA’s letter to the MIB

According to the ISA’s letter, they back the MIB’s initiatives to increase accountability and transparency in the advertising sector. They did, however, also voice serious objections to uploading advertisements in the manner suggested by the self-declaration procedure.

The MIB adjourned the gathering of media and advertising sector associations and stakeholders in the wake of the June 11th SC ruling mandating that all advertisers and advertising agencies submit SDC before printing or transmitting any advertisements. The meeting produced no conclusions, and those concerned about the impact of the SDC mechanism were not reassured. Senior media executives attended the conference along with representatives from Google, the Indian Broadcasting and Digital Foundation, the Advertising Standards Council of India, and the Digital News Publishers of India (DNPA).

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In its letter, ISA listed certain key points that needed to be addressed. They are as follows:

Asset confidentiality:

One of the issues brought up was the uploaded content’s lack of security, which made it easily accessible to others. This could have an impact on confidentiality, particularly for new launches, as anyone could search for a brand name and view all current and upcoming assets. It needs to be addressed that there is a problem with maintaining secrecy or new launches that advertisers won’t have.

Platform Issues:

The letter also mentioned how the portal is frequently hanging and sluggish. As a result, it makes the procedure more onerous. It also emphasizes the problems that advertisers encounter when obtaining an OTP in order to create an account.

Scope of assets and platforms:

The letter sought clarity on KOL asset inclusion, language for the creative if the platform had already done it, and whether the scope of change in the asset necessitated a fresh certificate. The members also sought clarity about needing certificates for social media posts. They asked whether the process is applicable for all assets or only a set of assets. ISA also posed questions about managing dynamic creative ads and if the digital certifications were to be certified for every single creative or only once per campaign.

Validity:

They noted that matters like the validity period of the certificate, the frequency of the certificate for every edit or every campaign, the provision in case there are changed to the creative after the application is submitted either before the airing or mid-airing also remain ambiguous.

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Updates and edits:

Another concern was related to changes to the creative after the application was submitted either before or mid-airing. These changes could be an alteration to the claim and if there was any provision to update the same application or a need to submit a new one.

Other concerns raised were matters such as related to certification creation and sharing for large campaigns, authority and responsibility, and certification specificities. The letter addressed queries regarding CTV ads needing certification and the timing of certification.

A comprehensive set of questions were raised related to the type of content and scenarios, such as ad formats, media types, and digital posts of various natures, and lastly it also included BFSI-specific queries that needed to be resolved.

In lieu of small entities

It was made clear that providing a link to a private drive that permits access to a specific file stored on the advertiser’s cloud storage can satisfy the self-declaration requirement, which is to be completed before the advertisement is published in the public domain. It was made clear that providing a link to a private drive that permits access to a specific file stored on the advertiser’s cloud storage can satisfy the self-declaration requirement, which is to be completed before the advertisement is published in the public domain.

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